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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10734
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, I could potentially be made bankrupt. I am currently in

Customer Question

Hi, I could potentially be made bankrupt. I am currently in a civil partnership, how will the official receiver/trustee assess what assets are mine? My civil partner has a property which he has mortgaged in his sole name and has been since he moved in 13 years ago, and is in his sole name at the land registry. So as such this would be his sole asset and not a joint asset? would I be correct in that assumption, As I moved in with him the house was fully furnished by him, most of the costs since I moved in have been holidays food etc, but I'm not sure what they will ascertain assets of which I hold an interest?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

You are correct in that as the property is in your Partner's sole name, then the Trustee in Bankruptcy would have no claim whatsoever over the property, if you were to be made bankrupt.

Only assets/accounts that are in your name can be claimed from him.

I hope this assists and answers your question.

Good Luck

Customer: replied 3 years ago.

many thanks for your reply, in terms of in my name how would that relate to property that is in the house which is in my civil partners name i.e. TV's etc, can they be claimed as I live in the same property? How would items in the home be apportioned as they wouldn't be in a named account as such? Also items which have been as gifts in the past for family members etc could they be claimed as assets as I had paid for them in the past?

Expert:  Aston Lawyer replied 3 years ago.

Hi Darren,

Thanks for your reply.

To be honest, even if any household items legally belong to you alone (the Trustee can't claim jointly owned items, only items belonging to you, the Trustee rarely claims any such items as they have a low second hand value. Unless you have expensive antiques, personal items are not normally touched. However, if your partner has any paperwork to show that the tv/computer etc are his, then that would be great- but as I say, I doubt the Trustee will come after any standard household items anyway.

I hope this helps.

Kind Regards